论新财产概念

随着社会的发展,不断有新型财产的产生,传统的财产概念把财产看成是物权、债权和知识产权的总括性权利,既没有准确反映财产的内涵,也不能囊括现代社会的新型财产,新型财产权利没有得到应有的保护,有必要树立一个既能反映财产的本质,又能适应新型财产不断出现的新财产概念。本文通过对两大法系的财产概念进行比较,找到财产的本质内涵,提出了新的财产概念。

The discussion on the new concept of property

With the development of society, a new generation of property is arising. The traditional concept of property thinks the property as a collection of ownership rights, contract rights and intellectual property rights. But it does not accurately reflect the content of property and it can not cover a new type of property in modem society. Since the new property rights are not duly protected, it is necessary to establish a concept of property which can both reflect the nature of property and adapt to the emerging of new property. In this paper, though compareted the concept of property of Civil Law and Common Law, it will find the essential meaning of property and put forward a new concept of property.